The Allahabad High Court recently rejected the bail plea of a man accused of killing his wife’s homosexual partner. A bench of Justice Siddharth passed the order while directing the trial court to conclude the trial as expeditiously as possible, preferably within a period of one year from the date of the order.
The First Information Report (FIR) in the case was registered at New Agra Police Station in the Agra district of Uttar Pradesh. As per the FIR, the accused and the deceased used to work together. One day, when they were returning together from work on a motorcycle, they fell from it. When the police came and picked them up, it was found that the deceased had suffered a gunshot injury and there were no such injuries on the accused’s body. Thereafter, a case was registered under Section 302 of the Indian Penal Code (IPC).
Pressing for the accused’s bail, his counsel argued that the accused was not named in the FIR. He also submitted that in the CCTV footage collected by the investigating officer, there was nothing to show that the accused had caused the firearm injury to the deceased.
He submitted that on the contrary, the accused and the deceased were traveling on the motorcycle and it was two other motorcycles that had crossed them causing the accident. He further alleged that the investigation officer had falsely implicated the accused in the matter.
However, the court noted that there was nothing on the collected CCTV footage showing the said two other motorcycles which allegedly crossed the accused’s vehicle.
The court emphasized that there were allegations that the deceased had homosexual relations with the accused’s wife.
The HC further took note of the fact that there was only one witness to the incident who had only stated that he saw the deceased lying in the pool of blood, along with the applicant at the place of the incident.
Therefore, the court held that there were no grounds for releasing the accused on bail at the present stage.
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